Agenda 01/13/2015 Item #16D 4 1/13/2015 16.D.4.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien for repayment of an obligation under a Countywide
impact fee deferral agreement.
OBJECTIVE: To support the affordability of housing in Collier County througP the Collier County
Impact Fee Deferral Program.
CONSIDERATIONS: Pursuant to Section 74-401 of the Collier County Code of Ordinances the County
shall defer the payment of the impact fees for any new owner-occupied dwelling unit which qualifies as
affordable housing.
Section 74-401(3) of the Code authorizes the County Manager to enter into an impact fee deferral
agreement with the owner or applicant. The deferred impact fees shall be a lien on the property and
agreement shall be accepted by the County in lieu of prompt payment of the i*ipact fee that would
otherwise then be due and payable but for the agreement The impact fees deferred for the construction of
the below residential dwelling unit have been repaid in full. As such, the repayment obligation has been
fulfilled and a release of lien is needed.The following table sets forth the details associated with this item.
Name Property Address Payoff Official Records Public
Amount Record
David Cruz& 9059 Gervais Circle#1306 $24,264.63 OR Book: 4392,PG: 4073
/'■, Claudia Corrales Naples,Fl 34120
FISCAL IMPACT: Collier County impact fee deferral funds in the amount of$24,264.63 have been
repaid and have been deposited to the individual impact fee trust funds as required.
Property Owner Impact Fee Interest Total Deferral Type
Assessed
David Cruz&Claudia $19,411.94 $4,852.69 $24,264.63 Countywide
Corrales
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval.-JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign a release of lien for deferral of 100%of Collier County impact fees for owner occupied
affordable housing unit.
Prepared Bv: Mandy Moody,Grant Support Specialist,Community and Human Services
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1/13/2015 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.4.
Item Summary: Recommendation to approve a release of lien for repayment of an
obligation under a Countywide impact fee deferral agreement.
Meeting Date: 1/13/2015
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist, Community &Human Services
12/1/2014 2:52:45 PM
Submitted by
Title: Grants Support Specialist, Community &Human Services
Name: MoodyMandy
12/1/2014 2:52:46 PM
Approved By
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation,Community &Human Services
Date: 12/1/2014 5:17:27 PM
Name: PattersonAmy
Title: Manager-Impact Fees&EDC, Business Management&Budget Office
Date: 12/3/2014 3:55:15 PM
Name: GrantKimberley
Title: Director-Housing, Human and Veteran S, Community&Human Services
Date: 12/8/2014 9:25:03 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 12/10/2014 1:18:59 PM
Name: TownsendAmanda
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1/13/2015 16.D.4.
Title: Director-Operations Support, Public Services Division
Date: 12/16/2014 2:06:07 PM
Name: McKuenElly
Title: Grants and Housing Coordinator, Senior, Community &Human Services
Date: 12/18/2014 7:55:13 AM
Name: RobinsonErica
Title: Accountant, Senior,Grants Management Office
Date: 12/18/2014 9:18:19 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 12/18/2014 2:52:52 PM
Name: CarnellSteve
Title:Administrator-Public Services,Public Services Division
Date: 12/22/2014 3:29:01 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/23/2014 11:39:10 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 1/5/2015 1:39:20 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 1/5/2015 4:18:12 PM
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4209956 1/13/2015 16.D.4.
RECORDED in OFFICIAL KILUKU4 OE 1ULLlin aunt!, fL
Return to 09/11/2018 at 12:48PN DWIGHT B. BROCB, CLIRI
RBC FBI 27.00
Frank Ramsey CUBS 3.00
Collier County HHS Retn:
�-.. 3301 E.Taoism'Trail CLERK TO THE BOARD
Naples Florida 31112 INTEROFFICE 4TH FLOOR
File#08-196-IF IIT 1240
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100%OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE H �
OUSI�NG DWELLING UNITS
nn 1'
This Agreement is entered into this" day of-July,2008,between Collier County,a political
subdivision of the State of Florida (COUNTY) and "David Cruz and Claudia V. Corrales"
(OWNER),collectively stated as the"Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged,the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County,Florida,known as"The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelli•_ •r• .isle z ed as Exhibit"A."
3. The term of this Agreement •••." `j \
gr / �� . e date set fo abp e until the impact fee is repaid.
4. The amount of the impai t f s •e erred-shall-he-paid tt thhe\COUNTY in full upon: a) the
sale of the dwelling 't; If i '•b •'cl -''vela's 't; c)a loss of the homestead
�-. l
exemption; or d)the t, •c•� :ric1, an ?': e o st! any part of the affected real
property,and in any suc\ -nt the deferred impact fees dial be paid in full to the COUNTY
✓ 't 1 /..C...)/
not later then the closing ore . e,or not later then 'iefctive date of the transfer. As set
forth in Exhibit "B," the amot it f , .r.1 impact fees is Nineteen Thousand Four
Hundred Eleven and 94/100 Dollars ($19,411.94). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent(25%)of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit"A,"which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a Iien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land,and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law,regardless of any foreclosure on the first mortgage or
other security interest,this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement,and the default
is not cured within 30 days after written nntir'P ;c ^�^";ded to the OWNER, the COUNTY
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0 1/13/2015 16.D.4.
may,at its sole option,collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement,or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs,including attorney's fee and costs,incurred by the COUNTY in enforcing
this Agreement,plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein,and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first
above written.
Attestif' - _ c, BOARD OF COUNTY COMMISSIONERS
DW GH?ReBROCK ierk COLLIER COUNTY,FLORIDA,
AtteBVi . �'..4"6". ✓At`s= --Bx: _ ,, j__ / ' L00/
signature enl 'I'' Duty Clerk 'R C® 1�. •' HE G,CH• Tin
WITNESSES AS TO B•TH SIG Sv\
��` V,NER: >\
Wi esse �, l
rid (� 7 L
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Print ••ame M3�. : i L tbavi ,Cia}z 1
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Witnes -� I oe
Print Name (--�� "J- �✓ !„ _ CI i- ga", r7Co es
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknow edged before me this day of ,
2008, bybklta CxteZ+Cl d+k_C o is personally known to me or h produced
Ft- r7✓riol (.-/C ) x as proof of identity.
11, haLt 2010 • iA/4 ( /—P .�/
, %p'a„a Alen.Common_DD 01575 Signa - of Person Takin Acknowledgment
Bonded er Naomi g
Approved as to form Reco. end Approval:
and legal sufficiency:
gos ms_ A .-P tell � � arty Krumb' ,MPA
Astant County Attorney Director
Collier County Housing and Human Services
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*** OR 1/13/2015 16.D.4.
EXHIBIT"A"
LEGAL DESCRIPTION
Unit 1306,Vista III at Heritage Bay,a Condominium pursuant to Declaration of
Condominium Recorded in OR Book 4322,Page 3638
Street Address
9059 Gervais Circle#1306,Naples,FL 34120
EXHIBIT"B"
IMPACT FEE BREAKDOWN
Type of Impact Fee I Amount Owed
A. EMS Impact Fee $112.04
B. Correctional Facilities Impact Fee $90.11
C. Library Impact Fee $368.18
D. Community Parks Impact Fee $750.00
E. Regional Parks Impact Fee 0 ` Cot ' $1,659.00
F. Educational Facilities Syst• 'pact Fee $2,862.00
G. Road Impact Fee / 7 $6,059.00
i--� H. Government Buildings I p t e $410.00
r,
I. Law Enforcement Im � r F-
$171.61
J. Water System Impact Ff iV
K. Sewer System $3 415.00
stem Im act Fee -0 �,� '
Y P �J., $3,515.00
TOTAL IMPACT FEES 519,411.94
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Prepared by: Mandy Moody
Collier County
Housing,Human&Veteran Services
3339 E.Tamiami Trail, Building H,#211
Naples, FL 34112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E.
Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien Agreement for Deferral of
100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units (the "Impact Fee
Lien") executed by David Cruz & Claudia Corrales to Collier County, recorded on September 11, 2008 in
Official Records Book 4392, Page 4073, of the Public Records of Collier County, Florida, in consideration of
$24,264.63, receipt of which is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and
discharge the Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly
described as follows:
Unit 1306, Vista 111 at Heritage Bay, A Condominium, pursuant to the Declaration of Condominium
recorded in OR Book 4322, Page 3638, of the Public Records of Collier County, Florida.
The undersigned is authorized to and does hereby satisfy and release this Lien with respect to the above-named
property and consents to this Lien being forever discharged of record with respect to said property.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, CLERK COUNTY, FLORIDA
By:
Deputy Clerk TOM HENNING, CHAIRMAN
Dated: Approved as to form and legality:
(SEAL)
Jennifer A. Belpedio
Assistance County Attorney
1
S
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Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2014212471
Transaction Number: 2014-059589
Date Paid: 11/18/2014
Amount Due: $24,264.63
Payment Details: Payment Method Amount Paid Check Number
Check $24,264.63 41146
Amount Paid: $24,264.63
Change / Overage: $0.00
Contact: Rothman &Tobin, PA
11900 Biscayne Blvd.
N Miami, FL 33181
FEE DETAILS:
Fee Description Reference Number Original Amount GL.Account
Fee Paid
Deferral M/F Community Park MS20140013484 $750.00 $750.00 346-156410-324103-31346.1
Deferral M/F Regional Park MS20140013484 $1,659.00 $1,659.00 346-156405-324103-31346.1
Deferral M/F EMS Payoff MS20140013484 $112.04 $112.04 350-140470-324103-31350.1
Deferral M/F JAIL Payoff MS20140013484 $90.11 $90.11 381-110430-324103-31381.1
Deferral M/F LIBRARY MS20140013484 $368.18 $368.18 355-156190-324103-31355.1
Payoff
Deferral M/F ROAD Payoff MS20140013484 $6,059.00 $6,059.00 338-163658-324103-31338.1
D6
Deferral M/F SCHOOL MS20140013484 $3,577.46 $3,577.46 113-000000-209050
Payoff
Deferral M/F GOVT BLDG MS20140013484 $410.00 $410.00 390-122231-324103-31390.1
Payoff
Deferral M/F WATER MS20140013484 $3,415.00 $3,415.00 002-138770-324103
Payoff
Deferral M/F SEWER MS20140013484 $3,515.00 $3,515.00 002-138770-324103
Payoff
Deferral M/F LAW ENF MS20140013484 $171.61 $171.61 385-110433-324103-31385.1
Payoff
Interest PARKS MS20140013484 $602.20 $602.20 346-989010-361190-99346.1
Interest EMS MS20140013484 $28.01 $28.01 350-989010-361190-99350.1
Interest JAIL MS20140013484 $22.53 $22.53 381-989010-361190-99381.1
Interest LIBRARY MS20140013484 $92.04 $92.04 355-989010-361190-99355.1
Interest ROAD D6 MS20140013484 $1,514.66 $1,514.66 338-989010-361190-99338.1
Interest GOVT BLDG MS20140013484 $102.49 $102.49 390-989010-361190-99390.1
Interest WATER MS20140013484 $853.70 $853.70 002-989010-361190
Interest SEWER MS20140013484 $878.70 $878.70 002-989010-361190
Interest LAW ENF MS20140013484 $42.90 $42.90 385-989010-361190-99385.1
Cashier Name: LeaDerence
Batch Number: 4110
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Proposed Agenda Changes
Board of County Commissioners Meeting
January 13, 2015
Continue Item#16A19 to the January 27,2015 BCC Meeting: Recommendation to approve termination
of a 2005 Developer Agreement between Collier County and Naples Syndications,LLLP and approve a
replacement Developer Agreement between the County and the new Developer,ARGO Warm Springs LLC,
to among other things design,permit and construct of a portion of Woodcrest Drive. (Petitioner's request)
Move Item#16D17 to Item#11C: Recommendation to approve the use of previously awarded Invitation to
Bid No. 14-6278RR,"Aquatic Maintenance Support Services"with Tri-City Pools,Inc.for budget-
approved capital and operating expenses. (Commissioner Henning's request)
MOVE ITEM #16D5 TO ITEM #11D: RECOMMENDATION TO AWARD
CONTRACT NUMBER 14-6338, EAGLE LAKES COMMUNITY PARK POOL
DESIGN SERVICES, TO VICTOR J. LATAVISH ARCHITECT, P.A., FOR
PROFESSIONAL ARCHITECTURAL SERVICES, AND AUTHORIZE THE
CHAIRMAN TO EXECUTE THE ATTACHED CONTRACT. (COMMISSIONER
NANCE'S REQUEST)
Move Item#16E9 to Item#11E: Recommendation to waive competition and authorize the purchase of
certain fleet parts,repairs and services for County vehicles and equipment from local Ford
dealerships on an emergency basis until contracts can be put in place and to authorize purchases
from the single-source supplier Wallace International Trucks located in Ft.Myers. (Commissioner
Henning's request)
Move Item#16J6 to Item#13A: To provide the Board of County Commissioners the Clerk of the Circuit
Court's Office regarding Audit Report 2014-13 North Collier Regional Park-Cash Handling issued on
January 7,2015. (Commissioner Taylor's request)
Note:
Item#7 Public Comment: To be heard immediately following the conclusion of the regular agenda if that
occurs before 1:00 p.m.
Item#16B1 title on agenda index should read:Request Recommendation that the Collier County Board
of County Commissioners (BCC)as the Community Redevelopment Agency Board(CRAB)adept-an
authorize advertisement of an ordinance teed amending Ordinance No.2002-38,"The Collier
County Redevelopment Grant Program Ordinance,"in order to adopt a Commercial Sweat Equity Grant
Program for the Immokalee Community Redevelopment Area. (County Attorney's Office request)
Add the following clarification to Item#16K3: Composting is permitted on any residential or estates
property..." (County Attorney's request)
1/13/2015 8:41 AM